Most people assume that driving after using marijuana affects one’s motor skills in operating a vehicle, much like alcohol. After all, a driver in Florida is subject to serious penalties for driving under the influence of marijuana just like one who is under the influence of alcohol. Alcohol impairs the perception, coordination, judgement, and reflexes enough that the driver of the car is considered to be unsafe. Because driving under the influence of either substance results in severe penalties, it is reasonable to assume that marijuana has a comparable affect on one’s driving ability.
However, some government studies have not resulted in unequivocal evidence that cannabis impairs one’s ability to operate a motor vehicle. The U.S. Department of Transportation has conducted two federal studies on the effects of marijuana on driving ability.
One study involved the use of a simulator. It tested the effects of alcohol and marijuana used together and used independently of one another. Impairment of driving skills resulted consistently with the consumption of alcohol but only occasionally with marijuana. When alcohol and marijuana were used in combination, there was little evidence produced to show marijuana had any more effect than alcohol alone. When alcohol was used, speeding and accidents increased consistently. This was not the result when just marijuana was used or when it was used in conjunction with alcohol. (“The Effects of Alcohol on Driver-Controlled Behavior in a Driving Simulator, Phase 1, “DOT-HS-806-414).
Another federal study done not to long ago found that “THC is not a profoundly impairing drug… It apparently affects controlled information processing in a variety of lab tests, but not to the extent which is beyond the individual’s ability to control when he is motivated and permitted to do so in driving”. (“Marijuana and Actual Performance,” DOT-HS-808-078).
The biggest challenge in comparing the effects of marijuana and alcohol on driving is that measuring for marijuana metabolites in blood or urine tests does not provide a measurement that can determine if someone is impaired. It simply determines that the substance is present in the person’s system. Marijuana can be detected days or weeks after it was used and long after any “impairment” effects have worn off.
The burden of proof for the police and prosecution in a Drug DUI case does not require that the prosecutor show any minimum amount of marijuana to establish impairment. There is no “per se” standard like .08 percent with alcohol. However, certain marijuana metabolites may up in your urine hours or even days after the effect of the drug has worn off meaning that it could not have impacted your driving. An experienced Florida DUI attorney can often file a “Motion in Limini” to exclude the urine tests and even have the charges dismissed because there is nothing to establish that a driver was actually under the influence of marijuana at the time of the arrest.
DUI cases involving drugs like marijuana are typically more difficult for a prosecutor to prove than DUI cases involving alcohol. The prosecutor will typically need to use expert witnesses to establish that amount of marijuana consumed would impair driving ability. This can be a challenge based on studies by the federal government showing that there may not be much of an impact. Further, the prosecutor may not even be able to use urine test results. A Florida Marijuana DUI lawyer from our law firm has helped many people avoid the adverse consequences of a conviction for driving under the influence of marijuana. If you have been arrested for DUI associated with marijuana use, we will fight for you.
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